Allahabad High Court
NISHA RAIversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The Court held that the petitioner must file a fresh representation and the respondent authority must decide it expeditiously, without granting the writ of mandamus.
Summary
The petitioner, Nisha Rai, who is serving as In‑charge Headmistress, filed a writ petition seeking a mandamus directing the State of U.P. and other respondents to pay her salary and arrears as Headmaster and to decide a representation she had filed on 13‑07‑2026. She relied on a Government Order dated 16‑07‑2026 which she claims entitles her to the salary. The respondents argued that a fresh representation could be considered if filed. The Court, without expressing any view on the merits, dismissed the petition for mandamus and ordered the petitioner to make a fresh, fully‑documented representation before the Basic Education Officer, District Azamgarh, within three weeks, and directed the officer to decide it within two months by a reasoned order. The order thus emphasizes procedural compliance rather than granting the substantive relief sought.
Issues considered
- Whether the petitioner is entitled to salary and arrears of salary as Headmaster under the Government Order dated 16‑07‑2026.
- Whether the respondents are obligated to decide the petitioner’s representation dated 13‑07‑2026 within the period fixed by the earlier court order.
- Whether a writ of mandamus can be issued directing payment of salary and arrears.
Subjects
- salary
- arrears
- mandamus
- representation
- education officer
- headmistress
- writ petition
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15009 of 2026
Nisha Rai
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Chandra Mauli Kumar Mishra, Santosh
Kumar Singh
Counsel for Respondent(s) : C.S.C., Shashi Prakash Singh
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
1. Heard learned counsel for the petitioner, Mr. Ashish Kumar
(Nagvanshi), learned Advocate holding brief of Mr. Shashi Prakash
Singh, learned counsel for respondent nos.3 to 5 as well as learned
Standing Counsel for the State.
2. The instant writ petition has been filed with the following prayers:
"1. issue a writ, order or direction in the nature of mandamus, commanding and
directing the respondent authorities to pay the salary of Headmaster alongwith arrears
to the petitioner, as she has performing the duty on the post of Headmaster forthwith.
2. issue a writ, order or direction in the nature of mandamus, commanding and
directing the respondent authorities to consider and decide the representation dated
13.07.2026 of the petitioner in pursuance of the order dated 15.05.2024 passed by this
Hon'ble Court in Writ-A No. 18228 of 2022 (Tripurari Dubey and another Vs. State of
U.P. and 4 others) within stipulated period of time as fixed by this Hon'ble Court."
3. Learned counsel for the petitioner submits that the petitioner is working
as In-charge Headmistress. In view of the Government Order dated
16.07.2026 (the date of the G.O. has wrongly been mentioned as
16.07.2025), the petitioner is entitled to salary as well as arrears of salary.
It is further submitted that the petitioner has submitted representation
before the competent authority for redressal of her grievance, but no
decision has been taken thereon till date. Therefore, a direction may be
issued to the respondent no.4/Basic Education Officer, District-Azamgarh
to decide the same.
WRIA No. 15009 of 2026
2
4. Learned counsel for the respondent nos.3 to 5 submits that in case the
petitioner moves a fresh representation before the competent authority,
the same shall be considered and decided, in accordance with law.
5. Considering the facts and circumstances of the case but without
expressing any opinion on the merits of the case set up on behalf of the
petitioner, the present writ petition is disposed of by providing that the
petitioner may make fresh representation, ventilating all her grievances,
supported by all such documents, as may be advised, before the
respondent no.4/Basic Education Officer, District-Azamgarh, within
three weeks from today along with a certified copy of this order. On such
representation being made, respondent no.4 shall make all endeavours to
consider and decide the same, strictly in accordance with law, by means
of a reasoned and speaking order, after giving proper opportunity of
hearing to the parties concerned, as expeditiously as possible, preferably
within a period of two months from the date of production of certified
copy of this order, if there is no legal impediment.
(Mrs. Manju Rani Chauhan,J.)
September 18, 2026
K.N.
Digitally signed by :-
KALP NATH SINGH
High Court of Judicature at Allahabad
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